The prime is in one state and hired a contractor from another state. The prime is now engaged in interstate commerce. ANY CRIME accross state lines is a federal crime. Just because the federal law enforcement does not wish to handle it does not mean it is not a federal crime. Also if the prime sent him an email, fax or letter to the contractors home, it is wire or mail fraud. If the prime has a partner in the company it can be considered conspiracy if the partner new. I can pull out pages and pages of this stuff.
This is all black letter law. The Constitution reads Article I, Section 8, Clause 3:
“ [The Congress shall have power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes; ”
A theft occurred here. The prime received a service for which he did not pay for. The contract was accross state lines. Why is this such an arguement?
With the limited information available , yes federally enforceable crimes were committed, but unless you were well into 6 figures and up, you are better off in state courts. It is not that no federal violations occurred, but a matter of convienence that makes this better suited to the state system.
Re: Is this a federal offense????
Member #: 61931
Registered: 9/16/2008
Posted:
963
Occupation:
Tower Contractor
Location:
PA
Personal:
mid 50s
Experience:
~37 years
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